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Seneca Insurance Company, et al. v. Mt. Hawley Insurance Company, et al. – Motion to dismiss granted, case dismissed in full along with costs and disbursements by Scott J. Laird, Esq.

June 1, 2020 • Posted By Scott J. Laird • Insurance Coverage

In a recent 6-page Decision, Judge Gerald Lebovits granted our pre-Answer motion to dismiss, in full, and dismissed all claims filed against our client AJ Greenwich Contracting Inc. (“AJ Greenwich”). Judge Gerald Lebovits also awarded AJ Greenwich costs and disbursements. The action was dismissed in its entirety.

The Decision found that the underlying agreement between AJ Greenwich and Plaintiff Seven Up Realty LLC (“Seven Up”) did not provide that AJ was to name Seven Up as an “additional insured” on its commercial general liability insurance policy issued by co-Defendant Mt. Hawley Insurance Company (“Mt. Hawley”). Seven Up retained AJ Greenwich pursuant to an AIA Contract to perform certain work at a commercial building in the Bronx, New York. 

The Court also correctly noted that “the plain language of the Agreement cannot be read to require Mt. Hawley to defend and indemnify Seven Up as an additional insured under the general liability issued to AJ Greenwich.”

For more information, please contact Scott J. Laird, Esq. at slaird@frenchcasey.com